M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
AUGUST 19, 2002
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, August 19, 2002, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, and COFFMAN were present. The City Manager, City Counselor, City Clerk and various department heads were also present.
 

APPROVAL OF MINUTES
    The minutes of the regular meeting of August 5, 2002, were approved unanimously by voice vote on a motion by Mr. Janku and a second by Mr. Hutton.
 

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    The agenda, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Hutton and a second by Mr. Loveless.
 

SPECIAL ITEMS
Distinguished Budget Award
    Mayor Hindman and the City Manager invited the Finance Director to join them at the podium to accept the award. Mayor Hindman explained that only cities and municipalities who have a very high standard of reporting receive this award. He noted that the City of Columbia has received this award for four or five years. Mayor Hindman presented the certificate to Mr. Beck.
    Ms. Fleming commented that the award also goes to the City Manager because it is his budget. She indicated that cities must meet GFOA standards in order to qualify for the award.
    Mr. Beck stated that he is very proud that Columbia has received this award for several years. It is a credit to staff from all departments who assist in the budget's preparation, particularly the Finance Department.
 

SCHEDULED PUBLIC COMMENTS
Ben Loeb and Skip Walther - Bethel Park tennis court expansion.
    Ben Loeb, 1104 Elsdon, spoke about the need for an additional four tennis courts at the Bethel Park tennis complex, which would bring the total to 12 courts. He noted that the University will be demolishing their 16-court complex on College Avenue for student housing. If the City were to have a 12-court complex, he thought we could continue to attract tennis tournaments, not just high school tournaments, but other tournaments in the summer which could bring in a lot of overnight visitors. Currently, Mr. Loeb noted that the eight courts are getting a lot of usage. He added there is enough land available in this area to add four courts. Mr. Loeb was hopeful the Parks and Recreation Department would include the courts in their budget request for next year. If that is asking too much, he suggested that they be included in their five-year capital improvement plan.
    Skip Walter, 700 Cherry, pointed out that the Show-Me Games is a very important component to the City. He stated the number of people who come to Columbia for the Games provide a lot of revenue to the hotels, restaurants and retail establishments in town. Losing the 16-court facility at the University means there will not likely be the type of people coming in to play tennis which could have an adverse affect on the retail establishments in town. By taking Bethel from an eight to a twelve court facility, Mr. Walter believed that would really open up the range of possibilities.
 

PUBLIC HEARINGS
B264-02     Setting property tax rates for 2002.
    The bill was given second reading by the Clerk.
    Mr. Beck explained his proposal to retain the current tax rate which has been in place for a number of years. He pointed out that the City is paying off the last general obligation bond, which is quite a milestone. He noted Columbia's property tax rate is 3.91 cents below the maximum amount the Council could approve for operational costs.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B264-02 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B165-02     Adopting the FY 2003 Budget.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that he had submitted the budget in a timely manner according to the City Charter. In addition to this evening, he explained that the public will have an opportunity to comment on the budget at the September 3rd and September 16th Council meetings. This evening's presentations will be made by the Convention and Visitors Bureau Advisory Board and the Cultural Affairs Commission. Mr. Beck noted that the Council is conducting public work sessions to review each department's budget as well as revenue sources and rates. He pointed out that the budget does not include an increase in any tax or rate except for the water utility. Included in the budget is a goal of raising an additional 3% in revenues for operational costs. Mr. Beck stated this recommendation has been reviewed by the Water and Light Advisory Board. He pointed out that not all customers will be charged a 3% increase, the goal is to raise revenues an overall 3%.
    Cindy Mustard, 600 S. Greenwood, Chair of the Cultural Arts Commission, explained that contracts are being recommended for the support of the arts in two categories; presentations and education projects. She explained the schedule and process the group followed this year. Ms. Mustard noted that one application had been received late and was returned to the applicant in accordance with the Commission's policy. She said they encouraged that organization to submit a small request application for possible funding up to $500.
    Ms. Mustard reported that in June, the Commission held a public work session to review the applications and to make preliminary recommendations. They received twenty-three requests from 18 organizations totaling $153,122. This year the program was allocated $71,215, which is a slight increase from last year. In July, she explained that the Commission held a public hearing to get feedback from applicants and individuals wanting to comment on the overall process of the funding recommendations. Seven people attended that meeting. The recommendations before the Council are the result of that meeting. Ms. Mustard noted that the recommendations are not overall statements about an organization, they are based only on the project application. She said the Commission is hopeful the Council will consider some kind of increase to the funding process.
    Mayor Hindman thanked Ms. Mustard and the Commission for their many hours of hard work they spent on the process.
    Mr. Beck pointed out a 2% increase is shown in the budget for arts and social service programs.
    John Poses, Executive Director of We Always Swing Jazz Series, 224 E. Parkway, thanked the Council for supporting the arts. He said the Jazz Series has been privileged to be part of the process for the last several years and have received funding from it which has been critical to their continued success and growth. However, he felt the time has come to re-evaluate the baseline funding for the Office of Cultural Affairs. Mr. Poses related that the 1½-2% increase per year does not accrue to a lot of dollars. As the arts groups flourish, he said the amount of money they are competing for represents a small "chunk of change" and the operational baseline becomes more antiquated year by year.
    Rod Gelatt, 1020 LaGrange Court, C&VB Advisory Board member, reviewed the purpose of this particular fund is to enhance or develop festivals, events and attractions with a substantial potential to generate overnight visitation. He noted the potential to generate overnight visitation was part of the legislation the voters adopted in November of 1999 which provided for a 2% increase in the lodging tax (officially a gross receipts tax). Mr. Gelatt reported that half of this revenue is used for marketing purposes and the other half is used for the tourism development fund. The annual revenue is approximately $325,000. Mr. Gelatt explained the Board recommends allocating $184,000 in funding this year.
    Mr. Gelatt summarized the application and evaluation process. All applications were due in June and were reviewed in July by Board members. Applicants had an opportunity to make presentations before the board. He stated 21 applications were received for a total request of $344,800. He noted that more than $1 million was proposed in terms of the total expenditure these various agencies intended to make. Mr. Gelatt indicated that remaining Tourism Development Funds will go into the Attraction Fund accrual which is a separate application process that begins in the fall.
    Edward Baker, 1804 Katy Lane, C&VB Advisory Board member, explained what impact the 9/11 event had on tourism and its major affect on how the Board reviewed applications. In addition, he reported the Columbia market has been severely overbuilt in regards to the hotel business. More than ever before, Mr. Baker indicated the Board put added emphasis on the rate of return and supported those groups that would bring substantial room nights. He pointed out that the Show-Me State Games brings millions and millions of dollars to the City of Columbia. He said their track record is exemplary.
    A slide show featuring events funded by these monies was shown.
    Mayor Hindman thanked the Advisory Board for their work with the process.
    Mayor Hindman called for general public comments on the budget.
    Hearing none, he continued the public hearing to the September 3, 2002, meeting.
 

B270-02     Authorizing construction of water mains serving Stonecrest, Plat 4; authorizing payment of differential
                   costs.
    The bill was given second reading by the Clerk.
    Mr. Beck explained the total cost of the differential payment in this case would be $9,000. It will be paid from Water and Light funds.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B270-02 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B276-02     Approving the "David & Harriet Guitar Historic Mansion" C-P Development Plan; establishing H-P
                   Overlay District and "landmark" status on Lot 2 of McCaleb Subdivision.
    The bill was given second reading by the Clerk.
    Mr. Dudark explained that the proposal calls for allowing the property to be used as a bed and breakfast establishment, a meeting room and gift shop. The surrounding immediately adjacent property is vacant, but has been zoned for future residential development. The Planning and Zoning Commission recommended approval of the application, including the landmark designation and historic district overlay, subject to a couple of conditions. Mr. Dudark reported the first condition limits the uses to those requested. The Commission also recommended that a variance be granted to the perimeter landscape screen on the north side where the parking lot is planned. Mr. Dudark noted the plan has been amended to show the parking lot for 16 spaces, and then an 11 space area is identified for future parking if needed.
    Mayor Hindman opened the public hearing.
    Brian Pape, 202 S. Glenwood, project architect, explained that the owner has been working to restore the building. He offered to answer any questions.
    Noel Crowson, related that he and his wife are owners of the Harriet & David Guitar Mansion. He expressed appreciation for the staff's understanding and cooperation in dealing with the historic nature of the home which enables him to make it an economically feasible project. Realizing this is a request for commercial designation in a residential area, Mr. Crowson stated they have asked for the historic overlay and landmark status so there could be no future changes to the property.
    Steve Smith, 15 S. Fifth, explained that he is the prior owner of the property. He is appreciative the project is moving in the right direction.
    Mayor Hindman closed the public hearing.
    B276-02 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B277-02     Approving the "First National Bank of Cherry Hill" C-P Development Plan.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this is an approximate one acre tract and both staff and the Planning and Zoning Commission recommended that the C-P plan be approved.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B277-02 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B278-02     Approving the "Monroe Street Office" O-P Development Plan; approving less stringent screening
                   requirements.
    The bill was given second reading by the Clerk.
    Mr. Dudark noted that the proposal is to remodel an existing residential structure for use as an office. The building is about 892 square feet in size. The recommendation of the Commission is to approve the O-P Plan and to grant a variance as requested to screening on the south and west sides. Mr. Dudark displayed a site plan of the property and pointed out the adjacent use to be affected by the variance is an open parking lot. The applicant believed the variance is appropriate as it should not be necessary to screen a parking lot from an existing parking lot or from a commercial area. The Commission agreed with that summation and recommended approval of the variance.
    Mayor Hindman asked if the two parking lots would become one lot. Mr. Dudark replied they are adjacent to each other, but necessarily integrated in terms of function. Mayor Hindman questioned whether there would be any landscaping in connection with the parking lots. Mr. Dudark pointed out green space on the site plan. Mayor Hindman did not think screening would be necessary, but felt some landscaping might be significant to keep it from being too large of an asphalt area. Mr. Dudark commented that the ordinance does not speak to landscaping, just to screening.
    Mayor Hindman asked about the proposed sign. Mr. Dudark indicated the applicant amended the design parameters to show a six foot high sign. He noted that the sign is not planned at this point, but would be allowed if proposed.
    Mayor Hindman opened the public hearing.
    Bill Crockett, an engineer with offices at 2608 N. Stadium, spoke on behalf of Jeff Crane Builders, the property owner. Regarding the parking lots, he said the one to the west is about four and one-half feet west of the property line. The proposed parking lot for this tract will be just over six feet from the property line, so there will be about 10 feet between the two parking areas. He noted that the parking areas share a common 24-foot driveway on the north side with access onto Monroe Street. To the rear, Mr. Crockett said the property on the south side has no parking facility, but is a rear yard to the development and the existing parking lot is probably 12-15 feet from the property line. He indicated it was believed to be most inappropriate to have screening between the two parking lots, which would probably be something similar to a basket weave fence and could be viewed as an eyesore. Since the driveway is shared, he said they could not split it with a fence anyway. Regarding the sign, Mr. Crockett stated that the recommendation made by the Planning staff was completely acceptable to the owner.
    Mr. John understood there to be only four parking spaces in front of the building. Mr. Crockett said there were only four parking spaces on the entire tract. Besides the building, the patio and the existing storage building, Mr. John asked about the lawn area. Mr. Crockett responded there will not be any change to the existing lawn. Mr. John summarized that the applicant is requesting the screening variance because the O-P property abuts a parking lot within a residential district.
    Mayor Hindman closed the public hearing.
    B278-02 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B279-02     Rezoning property located on the south side of Nifong Boulevard from R-2 PUD to C-P; changing
                   permitted uses on property located on the southeast corner of Nifong Boulevard and Hyde Park
                   Avenue.
    The bill was given second reading by the Clerk.
    Mr. Dudark explained that the original request involved two tracts; the current use of Tract A shows a condominium common area zoned C-P with O-1 uses. The applicant is requesting the allowance of some commercial uses to include fast food restaurants, motels and that sort of thing. The proposal shows a fast food restaurant on Tract A. Mr. Dudark noted the applicant sent a letter deleting Tract B from the request.
    Mr. Dudark reported that a concept plan has been submitted for Tract A. He pointed out the location of the proposed fast food restaurant and indicated access for such would be off of Hyde Park Avenue. There will be no access from Nifong or Route AC to this property, nor would there be any access to the street to the south that connects with the residential area. Mr. Dudark stated the Planning and Zoning Commission voted 4-3 against the change in use because they felt there was no overall plan for the redevelopment of this property, and believed the proposal to be piecemeal. The question to consider is whether a change in use for the corner lot is suitable at this time.
    Mayor Hindman opened the public hearing.
    Harriett Francis, an attorney with offices at 1103 E. Broadway, reported the applicant had evaluated the well-placed comments made by the Commission about the necessity of an overall plan for the area, and subsequently reduced their request for the change in usage of the corner tract - which would allow additional time to review redevelopment in the remaining area. Ms. Francis pointed out that the applicants in this case consist of Godas Development as well as the homeowners association for Hyde Park. She noted this request is being made with the full approval of the members of the homeowners association.
    Prior to the Planning and Zoning meeting, Ms. Francis explained that Burger King representatives met with Planning staff to discuss the possible use of Tract A for a new restaurant. She related that the Burger King folks realize there are certain traffic concerns and have tried to address the issue. She pointed out that access to the site will be limited to Hyde Park Avenue, with no access to Cooper Drive. Ms. Francis reported that the property directly to the south of the KFC location is a C-P zone, and the property directly across Nifong is a C-1 zone. She thought most people recognize this area is moving more towards a commercial/office type development. Ms. Francis asserted it was likely that the entire Hyde Park area will undergo redevelopment that is more consistent with what is going on to the west.
    Mr. Loveless spoke about the location of the new Route AC alignment with this property and asked whether there was any plan for the Highway Department to put in a traffic signal at Hyde Park. Mr. Dudark was doubtful this would occur as there is an existing signal on Buttonwood, located just one block to the west.
    Mr. John remembered discussions about this tract being as far east as where commercial development should be allowed. After that, he remembered property owners with a tract immediately adjacent to the north being granted C-1 open zoning. He noted the nebulous line that had been proposed was not effective. Mr. John believed the realignment of Route AC and the subsequent rezoning on the north side puts into question the continued validity of that concern.
    Mr. Loveless thought the purpose of the new AC was to build a rather high speed, high volume arterial from the south part of town to Highway 63. He expressed concern about additional commercial development eastward on this corridor and the resulting traffic stacking that is bound to occur. Mr. Loveless spoke of his preference to consider a plan for the entire tract rather than requests being submitted in pieces.
    Mr. Loveless made the motion that B279-02 be amended by deleting the rezoning request from the title, deleting Section 1 and renumbering Sections 2, 3, and 4 to 1, 2 and 3. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
    B279-02, as amended, was given third reading with the vote recorded as follows: VOTING YES: NO ONE. VOTING NO: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. Bill defeated.
 

B280-02     Rezoning property located on the east side of Brown Station Road, south of US Highway 63 from A-1
                   to M-C, M-R and PUD-12.
    Mr. Beck explained this to be an approximate 50 acre tract located in northeast Columbia. He stated it was owned by the University for a number of years.
    Mr. Dudark explained that to the north of this property is Highway 63, to the east is the COLT Railroad, the property to the south is an industrial park, and to the west is a mix of single and multi-family residences and some vacant property. The proposal is to create three tracts. He related that Tract A, located east of the Railroad, consists of almost 15 acres and the requested zoning is M-C (controlled industrial, which is an open district). Mr. Dudark stated the applicant has requested M-R zoning for Tract B, which is a planned industrial district. He said the request for Tract C, which consists of almost 11.5 acres, is for PUD-12. The Planning and Zoning Commission recommended approval of the request with some conditions. The first is to limit the uses on Tract B to administrative professional and research offices, commercial storage, wholesale distribution warehouses, mechanical construction contractors, public utility buildings, and accessory uses and structures. The second condition is that at the time development plans are submitted for Tract B or Tract C, the applicant must include a traffic study which examines the affects the development will have on Brown Station Road and the surrounding area.
    Mayor Hindman wondered if the traffic study justified a lower density for the PUD, whether the Council would be within their rights to require such. Mr. Dudark replied that the traffic study would show the affect of the proposed development plan on Brown Station Road. The study would identify any entrance and exit points, traffic improvements, turn lanes, and acceleration and deceleration lanes that may be required to handle the proposed traffic volume for the PUD development or for the M-R development. He said the Council could not reduce the density of the PUD, but they could require impact mitigation measures to deal with the traffic.
    Mr. Loveless commented that Brown Station Road was recently improved and he asked how far this extends. Mr. Dudark responded it goes past Highway 63.
    Regarding a traffic study, Mr. Hutton pointed out that the City may be able to require mitigating improvements, but asked if they could only be required to the extent of that property. Mr. John said off-site improvements would be included as part of the approval. Mr. Dudark replied that if problems are attributed and caused by a development, there would be a connection between the improvement and the project. Mr. Beck asked if Mr. Dudark was suggesting the Council could require the applicant to widen Brown Station Road to four lanes to Route B. Mr. Dudark responded the further the development is from a particular area, the weaker the connection would be. He clarified that problems would have to be tied to the impact of the project.
    Mr. John commented that if the traffic study indicates that a Brown Station Road should be widened to four lanes as a result of this project, then the Council would have a choice at that point. Either the applicant would have to reduce the density of the PUD, or they would have to work with the City to develop a four lane road.
    Mayor Hindman opened the public hearing.
    Robert Smith, 2311 E. Walnut, displayed a concept drawing illustrating the plans for the tract. After the presentation at the Planning meeting, Mr. Smith spoke informally with several area residents. He attempted to address their questions as much as possible at this point in time. The residents were concerned about traffic, and Mr. Smith spoke of his support for a traffic study. He explained what is being presented tonight is simply a concept and that a more detailed plan will be submitted at a later date. Mr. Smith assured the Council he would meet with the homeowners prior to ever coming forward with a plan to ensure the neighborhood's needs are addressed.
    Mr. Janku asked about the three different structured groups. Mr. Smith explained their concept at this time included apartments and small office/warehouse/wholesale/distribution structures.
    Edward South, 2907 Yoko Court, spoke on behalf of The Oaks Subdivision, directly west of Brown Station Road. He related the resident's support of a traffic study, their concern about the appearance of the proposed apartments, and the overall development of the three tracts. Mr. South reported about the current problem with erosion in this area, and expressed the need for more storm water control.
    Bill Crockett, 4600 Summerbrook Court, explained that he previously lived in this neighborhood for 32 years and he still owns property in the immediate area. He said any kind of development would be better than the previous chicken farm. Mr. Crockett supported this proposal as it is in-fill development and the property is not suitable for residential housing due to the proximity of the railroad and dual lane highway. He also pointed out that it is not Bear Creek, but a tributary of Bear Creek, which is causing the erosion problems in this area. He believed these problems have been caused by current development in the immediate area. Mr. Crockett thought the project should be given favorable consideration.
    Mayor Hindman closed the public hearing.
    Mr. Hutton noted this request is a zoning issue as opposed to approval of a plan. He said because of the neighboring uses, it would not be an appropriate location for residential development. Mr. Hutton commented that the property will develop eventually, and the question is how and what use will have the least impact on the neighborhood, especially the new R-1 area to which Mr. South referred. He felt this zoning could possibly be one of the better uses of the property, but he was concerned about the density of the PUD-12.
    Mr. John asked Mr. Dudark about his earlier reference to an M-C zone being an open district. Mr. Dudark indicated that development on the M-C tract would not require plan approval by the Council. Mr. John noted that there are listed uses and the zoning ordinance requires screening of exterior storage and that sort of thing. Mr. Dudark added that it requires landscaping as well. Mr. John pointed out that Tract A is truly an open zone. Mr. Hutton agreed, but it would be totally buffered from the rest of the area. Mr. John agreed that Tracts B and C, the M-R and PUD-12 zones, will act as a buffer. In addition, both are planned districts that would have to come back before the Council for approval. Mr. John commented that the plans would have to meet storm water and screening requirements. He added that the front two tracts would have to meet traffic requirements.
    Mr. Beck asked Mr. Smith if he had given any thought to utilizing the railroad frontage for railroad purposes with roadway access to Route B. Mr. Smith replied that there had been discussions about such, but because of the curvature of the track, it was his understanding that this would not be feasible. As far as a connection to Route B, he said they would like to consider that. Mr. Beck pointed out that there is another ownership involved.
    Mr. Janku asked Mr. Smith's thoughts on the density issue. Mr. Smith responded the PUD-12 had been chosen based on the Metro 2020 Plan, and he believed the proposed density is less than what the Plan called for in this particular area.
    Assuming the traffic study determines there are problems with the density for whatever reason, Mr. Coffman asked if that meant the project could not develop at the PUD-12 density until the traffic problems are solved. Mr. Dudark said that would be the Council's prerogative to require the improvements as a condition of plan approval. He indicated there are two options; the project could be scaled down to mitigate the traffic impact, or improvements would have to be made to accommodate it. Mr. Coffman indicated his preference for the developer to meet further with the residents before bringing a plan back to the Council.
    There was a discussion at this point as to whether Tract A could be developed independently of the other two tracts. Mr. Dudark thought it was possible that it could develop without access to Brown Station Road. He also thought development of Tract B could occur without development of Tract C. Mr. Hutton believed that the Council needs to know the cumulative affect of traffic for the entire project. Mr. John concurred. Mr. Dudark pointed out that Section 5 in the ordinance stipulates that a traffic study must be conducted to demonstrate the development affects that Tracts B and C will have on Brown Station Road and the surrounding area.
    B280-02 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B284-02     Declaring the need to acquire land on Clarkson Road adjacent to the MKT Trail for open space and
                   park purposes; authorizing acquisition by negotiation or, if necessary, condemnation.
    The bill was given second reading by the Clerk.
    Mayor Hindman explained that attorneys on both sides of this issue have asked to table the public hearing to the September 3rd Council meeting. As this was an advertised public hearing, he would allow public comment before continuing the hearing to the next meeting.
    Mayor Hindman opened the public hearing.
    Mayor Hindman continued the public hearing to the September 3, 2002, meeting.
 

R162-02     Endorsing the 2002-2006 REDI Economic Development Master Plan.
    The resolution was read by the Clerk.
    Ms. Pratt noted that the Council received a copy of the Master Plan after its adoption at the REDI Board meeting on June 19th. She said the Board adopted the Plan and sent it on to the Class A investors for action. Ms. Pratt explained that the Board is charged with creating the document every five years which functions as an economic development blueprint for Columbia and greater Boone County. She said their charge is make sure they are engaged in economic development activities that continue to support the community as a vital, progressive area that is able to attract investment and also the talent necessary to keep businesses moving forward. Ms. Pratt explained the process that was used to develop the program and gave an overview of the Plan. She was hopeful to have the entire Plan online sometime next week.
    Mayor Hindman opened the public hearing.
    Kee Groshong, 201 West Boulevard South, Chair of the REDI Board, endorsed the Plan. He noted the Board spent a good deal of this year working on it. He pointed out that a lot of input has been obtained from a variety of people. Mr. Groshong hoped to attend the work session the Council expects to have on the issue.
    Mayor Hindman closed the public hearing.
    Ms. Crayton made the motion that R162-02 be tabled to the October 7, 2002, meeting. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

OLD BUSINESS
B271-02     Authorizing agreements with the Columbia School District for playground improvement projects at
                   Parkade and Lee Elementary schools.
    The bill was given second reading by the Clerk.
    In last year's budget, Mr. Beck explained that $30,000 was included to provide playground equipment to Lee Elementary School and playground improvements to the Parkade Elementary School. Both projects will be funded through the Community Development Block Grant program.
    B271-02 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B272-02     Authorizing Change Order No. 5 to the contract with Curtiss-Manes-Schulte, Inc. for construction of
                   the ARC.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this change order totals $32,117.62 and will add 3 working days to the contract. He pointed out that the contract is still within the amount set aside for change orders.
    B272-02 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B273-02     Approving the final plat of Ditter Subdivision; granting a variance relating to street right-of-way.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this small acreage request has been recommended for approval by both the staff and the Planning and Zoning Commission.
    Mr. Dudark noted that the buildings were constructed on the building line which makes it impossible to dedicate additional right-of-way.
    Richard Ditter, 2701 Malibu Court, explained that when the Kelani structure was built, part of it was moved onto the D-Sport property in order to maximize parking. An overhang was removed and by off-setting the building by four feet they were able to maintain additional parking. Should the Council approve this request to move the property line, Mr. Ditter indicated they could be more creative if future renovations are required.
    B273-02 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B275-02     Granting a variance to the Subdivision Regulations regarding sidewalk construction along the south
                   side of Chapel Hill Road, extended, west of Scott Boulevard.
    The bill was given second reading by the Clerk.
    Mr. Dudark explained that these two subdivision plats have 13 lots with either a side yard or rear yard along Chapel Hill Road, extended, which has not yet been constructed. As the road has not been designed at this point, the applicant is requesting a variance to the requirement that sidewalks be installed as a condition of occupying a residential building. If the sidewalk were constructed, Mr. Dudark noted it would likely have to be removed and reconstructed at the time the street is put in. The Planning and Zoning Commission is in agreement with the request, but asked that the ordinance granting the variance authorize the City to tax bill the properties, and that the ordinance be recorded in the Recorder's Office so that any prospective home buyers would be put on notice about the future tax bill.
    Mayor Hindman was concerned that future owners would not be aware of this tax bill situation. He asked if it would be more appropriate to ask the developer to contribute to a fund up front. He thought it should be a part of the cost of development rather than an individual property owner who could argue that the sidewalk does not benefit them.
    Mr. John noted the problem when collecting payment in advance of the project has been that staff is required to put the funds in an account for that particular sidewalk. When doing this all over town, it would become a mess to keep track of such funds. Mr. John believed the easiest thing to do is to issue a special tax bill and put a price on it because most of the real estate forms in existence today require that all known taxes must be paid in advance of closing. He commented the tax bill will have to be paid by the seller, which most likely would be the developer. Mr. John related that would not solve the situation of establishing a special fund for each project, but it is anticipated that the Chapel Hill extension will be built fairly soon.
    Mayor Hindman agreed that the idea of the separate fund is a problem, but he also believed that the idea of tax billing separate land owners is going to be a problem of at least equal magnitude. It was concurred the burden should be on the developer, not the lot owner. Mr. Hutton indicated this would not necessarily be a developer cost because if the tax billing is done right now, it would most likely be paid by the builder who would pass the cost to the owner.
    Mr. Janku referred to Policy Resolution 171-01A which specifically requires the property owner to pay the cost of constructing a sidewalk. Mayor Hindman thought that was the approach they should use in this case.
    Mayor Hindman made the motion that B275-02 be amended per Section 7 of PR171-01A. He further motioned that Section 2, relating to recording, be deleted and that the title be changed accordingly. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Bill Crockett, an engineer with offices at 2608 N. Stadium, asked for clarification of the amendment. He noted that both plats have already been approved and recorded. Mr. Dudark said that subsection (c) of the policy resolution would apply. Mr. Crockett asked about the procedure of such, i.e., when someone applies for an occupancy permit for "Lot X", that person would have to make the equivalent payment for the sidewalk. He asked Mr. Patterson if that was his understanding. Mr. Patterson replied that was his interpretation. Otherwise, he said it would be more logical to have done this before the builders actually start construction. He commented that what staff would be faced with now is attempting to collect the money from each individual lot owner. He thought that was what the Council was trying to avoid. Mr. Patterson asked if the lots in question have already changed hands. Mr. Crockett replied that a total of eight lots would be affected by this legislation, and he thought half of them had changed hands. He noted building permits have been issued on at least three of them with the structures being well underway.
    Mr. Patterson believed this problem occurred because a sidewalk variance was not submitted with the final plats. Without a variance at that time, there is no cause to deny the issuance of building permits. Therefore, the sidewalk does not come up until the request for a certificate of occupancy. Mr. Crockett thought the original plan was to construct an alternative sidewalk, but due to circumstances, that was felt to be ridiculous.
    Mr. Crockett requested that a certified copy of the ordinance be recorded for the protection of everyone involved.
    Mr. Boeckmann suggested amending the ordinance again to include the prior language on recording.
    Mr. Janku made the motion to further amend B275-02 per Mr. Boeckmann's suggestion. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
    B275-02, as amended, was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B282-02     Appropriating funds for Share the Light Program.
    The bill was given second reading by the Clerk.
    Ms. Nutter explained that this is the second year of the Share the Light Program. She reported on its good success. Ms. Nutter indicated that thus far, the program has raised almost $11,000. The request this evening involves an appropriation of funds for the youth dental care, fire prevention and education, and crime prevention programs.
    B282-02 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

CONSENT AGENDA
    The following bills were given second reading and the resolutions were read by the Clerk.

B266-02     Authorizing a grant agreement with the Department of Natural Resources for the purchase of a
                   conveyor and material screener; appropriating funds.
B267-02     Confirming the contract of J.C. Industries, Inc. for the Defoe Drive Area Drainage Project;
                   appropriating funds.
B268-02     Confirming the contract of Tim Harris Excavating & Construction for the Sanitary Sewer District No.
                   144 Project; appropriating funds.
B269-02     Accepting easements for utility purposes.
B274-02     Approving the final plat of Hidden Creek Subdivision, Plat 1.
B281-02     Vacating a sewer easement located within Bearfield Subdivision; accepting a grant of easement for
                   sewer purposes.
B283-02     Appropriating funds for personnel expenses in the Department of Economic Development.
R153-02     Setting a public hearing: voluntary annexation of property located at the eastern terminus of Rice
                   Road and at the southern terminus of Shamrock Drive.
R154-02     Setting a public hearing: voluntary annexation of property located on the south side of Highlands Court,
                   west of Bentpath Drive.
R155-02     Setting a public hearing: Special Business District Budget.
R156-02     Accepting a grant from the U.S. Department of Health and Human Services to provide improved health
                   services to Spanish-speaking residents.
R157-02     Authorizing an agreement with The Curators of the University of Missouri for police assistance at
                   football games.
R158-02     Authorizing service agreements with Aquila Networks.
R159-02     Notice of public sale of Sanitary Sewerage Refunding Revenue Bonds.

    The bills were given third reading and the resolutions were read with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. Bills declared enacted and resolutions declared adopted, reading as follows:
 

NEW BUSINESS
R160-02     Rejecting bids for construction of the Rollins Road Improvement Project.
    The resolution was read by the Clerk.
    Mr. Patterson explained that the bids received had been substantially over the engineer's estimate and available funding. The recommendation is to reject the bids and then staff can re-examine the scope of the project. Because of the considerable amount of discussion and input from neighborhood groups, Mr. Patterson indicated it is important to meet again with these individuals and discuss possible options that are feasible with the available funding. Several options were outlined in the report.
    Mr. Janku asked about the elimination of the pedway along the south side of the road. Mr. Patterson said the Council has the final determination of what will be built, but one option could be to build the road in such a way as to accommodate a pedway at a later date. Mr. Janku said it would be helpful to know how much each of the elements cost. Mr. Patterson thought as the project is redeveloped, staff would be able to provide more specifics.
    The vote on R160-02 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R161-02     Transferring funds for the cost of the special election.
    The resolution was read by the Clerk.
    Mr. Beck explained that the cost of the August election was pro-rated between the different governmental entities who had issues on the ballot. He said this would transfer enough money into the Clerk's budget to pay the county what is owed them.
    The vote on R161-02 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

    The following bills were introduced by the Mayor unless otherwise indicated, and all were given first reading:

B285-02     Vacating easements within Concorde Office and Industrial Plaza Subdivision.
B286-02     Authorizing an annexation agreement with William D. and Carol A. Foley.
B287-02     Approving the Stoney Creek C-P Development Plan and changing permitted uses.
B288-02     Approving the final plat of Stoney Creek Subdivision.
B289-02     Approving the final plat of Vanderveen Crossing, Plat No. 9.
B290-02     Approving the final plat of Whispering Meadows.
B291-02     Approving the final plat of B & B Crossings, Plat 1.
B292-02     Rezoning and changing permitted uses on property located north of West Ash Street and west of
                   Clinkscales Road.
B293-02     Establishing permanent zoning on property located on the south side of State Route K, approximately
                   400 feet east of Old Village Road.
B294-02     Confirming the contract of N-J Wilson Contracting, Inc. for the construction of I-70 Drive Southwest
                   from West Boulevard to Business Loop 70.
B295-02     Confirming the contract of Concrete Engineering, LLC for the construction of a right turn lane at the
                   southwest corner of Providence Road and Broadway.
B296-02     Authorizing agreements in connection with the East Broadway - State Route WW Project.
B297-02     Accepting easements for utility purposes.
B298-02     Authorizing the issuance of Sewerage System Revenue Bonds.
B299-02     Establishing Parks and Recreation fees.
B300-02     Amending Chapter 27 of the City Code as it relates to water connection and meter fees.
B301-02     Amending Chapter 27 of the City Code as it relates to water service rates.
B302-02     Amending Chapter 26 of the City Code to increase the development charge for new construction.
B303-02     Adopting the Special Business District Budget.
 

REPORTS AND PETITIONS
(A)     Intra-departmental Transfer of Funds.
    Report accepted.
 

(B)     Metro Greenbelt/Trail Plan.
    Mr. Beck reviewed staff's suggestion to refer the issue to the Planning and Zoning Commission for public hearing and a recommendation to the Council.
    Mayor Hindman made the motion that the Plan be referred to the Planning and Zoning Commission for a recommendation back to the Council. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

BOARDS AND COMMISSIONS
    Upon receiving the majority vote of the Council, the following individuals were appointed to the following Boards and Commissions:

BUILDING CONSTRUCTION CODES COMMISSION
Creasy, Jay. O., 912 W. Ash, Ward 1 - term to expire 8/1/05 (layperson)

COMMUNITY DEVELOPMENT COMMISSION
Scherrer, Elizabeth G., 529 Huntridge, Ward 5 - term to expire 11/1/02

BOARD OF HEALTH
Groshong, Ted T., 2600 Limerick, Ward 4 - term to expire 8/31/05 (physician)
Lensmeyer, Bernard J., 6 McGregor, Ward 5 - term to expire 8/31/05 (layperson)

HISTORIC PRESERVATION COMMISSION
Ross, Bryan J., 3508 Woodside, Ward 3 - term to expire 9/1/05 (expertise in HP)
Schapiro, Nicholas, J., 4013 Newport Court, Ward 5 - term to expire 9/1/05
 

COMMENTS BY COUNCIL, STAFF AND PUBLIC
    Mr. John noted that some months ago they discussed streets that had been built and rebuilt without lighting due to a change in policy, which has since been modified again. He asked that Water and Light provide an update on these sections of street.

    Mr. Janku spoke about the various plats that have been approved in the Vanderveen Subdivision. He noted some of the plats include the future extension of Providence Road. Mr. Janku stated pedestrian access issues across this section of Providence have not been addressed. Because of the amount of residential and commercial development occurring in this area, he was fearful the street would become too dangerous for pedestrians. Mr. Janku suggested the Council keep this in mind as plans come forward.
    Mr. Loveless asked if this section of roadway would be maintained by MoDOT. Mr. Patterson said it would not. Mr. Loveless assumed the City will have the authority to signalize it in that case. Mr. Patterson reminded the Council that the City has entered into a development agreement for construction of a portion of the road south of Smiley Lane.

    In reference to earlier comments pertaining to construction of four tennis courts at Bethel Park, Mr. Janku asked that the Council be provided some rough cost estimates of such so the issue can be discussed further during budget hearings.

    Regarding the Nifong issue that was defeated earlier this evening, Mr. Janku wondered whether the Planning and Zoning Commission should be directed to work with the landowners in this area to develop an overall plan, similar to what was done with Rock Quarry Road. Mr. Dudark indicated that staff contacted the attorney after the Nifong proposal was defeated at the Planning and Zoning meeting, and the current owners are not interested at this time in participating in such a venture. He noted that response might change after tonight's defeat. Mr. Janku inquired as to whether the Council should refer the issue to the Planning and Zoning Commission. Mr. John thought it would be up to the property owners as to how they want to proceed. He thought the Council would be in error to pre-empt this process. Mayor Hindman indicated the Rock Quarry Road people came to the Council and asked for assistance in creating a plan for their area. In this case, no one has made the same request. Mr. Coffman thought it might be a policy option that people are not aware of.

    In regards to B295-02, the construction of the right turn lane at the southwest corner of Providence Road, Mr. Janku said there was mention made about storm water piping underneath the road and MoDOT's request for the City to expand the piping. As this intersection is known to flood, he suggested that funds from the storm water utility be used for the project.

    Ms. Crayton spoke about an altercation in the downtown area that occurred last weekend between a group of young people and Police Officers responding to the scene. She believed parents should be responsible for their kids, and suggested staff look into implementing a curfew for the safety of young people. Ms. Crayton thought that area businesses need to be more responsible in addressing this problem as well. She commented that staff and the public should look into some kind of constructive activities to keep the youth off the streets.
    Ms. Crayton motioned that staff be directed to report back on curfew, what can be done in Columbia, and what other cities are doing about similar problems. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.

    Mayor Hindman commented on Section 14-503 (e) of the City Code which says if there is an off the road bicycle path, it is illegal to ride a bicycle on the road next to it. Mayor Hindman made the motion that the issue be referred to the Bicycle/Pedestrian Commission for their review and recommendation as to whether or not it should be repealed. The motion was seconded by Mr. Hutton.
    Mr. Loveless asked if sidewalks were included in his thoughts as an off-street bicycle path. Mayor Hindman did not remember what the definition was of an off-street bicycle path.
    Mayor Hindman's motion, seconded by Mr. Hutton, was approved unanimously by voice vote.

    Mayor Hindman reported that the Council had discussed the Caring Community Partnership at the pre-Council dinner and the fact that the City has the right to appoint a delegate to that Partnership.
    Mayor Hindman made the motion that the City Manager, or his designee, be appointed to the Caring Communities Partnership. The motion was seconded by Mr. Janku and approved unanimously by voice vote.

    Mayor Hindman noted that he recently met with the County Commission and invited them to work with the City Parks and Recreation Department, but he thought the Department should be officially charged by the Council to do so.
    Mayor Hindman made the motion that the Parks and Recreation Department, or staff in any capacity, be willing to work with the County Commission in regards to the County Fairground master plan. The motion was seconded by Mr. Janku and approved unanimously by voice vote.

    Waldo Palmer, 414 Alexander, a member of the Wilkes Boulevard Methodist Church, spoke about past storm sewer problems in this area. He also referred to a problem with pot holes being created in the church parking lot. It was believed these holes are being caused by the City's large trucks. Mr. Palmer asked how soon the situation could be looked into and fixed. He was told staff would check into it.

    The meeting adjourned at 10:40 p.m.
 
                                                                                                        Respectfully submitted,

                                                                                                        Penny St. Romaine
                                                                                                        City Clerk